Jagan Singh And Another vs New Habitat Housing Finance And ...

Citation : 2024 Latest Caselaw 6115 P&H
Judgement Date : 18 March, 2024

Punjab-Haryana High Court

Jagan Singh And Another vs New Habitat Housing Finance And ... on 18 March, 2024

Author: Lisa Gill

Bench: Lisa Gill

                                Neutral Citation No:=2024:PHHC:038810-DB




                                                              2024:PHHC:038810-DB
230
      IN THE HIGH COURT OF PUNJAB AND HARYANA
               AT CHANDIGARH

                                CWP-6562-2022
                                Date of Decision:- 18.03.2024
Jagan Singh and Anr.
                                                                     ....Petitioners

                  Vs.

New Habitat Housing Finance and Development Ltd. And Anr.

                                                                    ...Respondents

CORAM:- HON'BLE MRS. JUSTICE LISA GILL
        HON'BLE MS. JUSTICE AMARJOT BHATTI


Present:-   Mr. Shiv Kumar, Advocate for the petitioners.

            Mr. Amit Rishi, Advocate with
            Ms. Ridhi Bansal, Advocate for the respondents.

                  *****

LISA GILL, J.

1. Prayer in this writ petition is for directing respondents to accept One Time Settlement (OTS) proposal of petitioners and to regularize their account.

2. Learned counsel for respondents submits that, though present writ petition is not entertainable in view of judgments of Hon'ble the Supreme Court in "Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir and others, 2022 (1) R.C.R. (Civil) 888" and 'The Bijnor Urban Cooperative Bank Limited, Bijnor and others vs. Meenal Agarwal and others', 2021 SCC Online SC 1040, the same is in any case rendered infructuous as petitioners account had been regularized and thereafter due to subsequent financial indiscipline on the part of petitioners their account was again declared NPA.

1 of 2 ::: Downloaded on - 25-03-2024 20:31:42 ::: Neutral Citation No:=2024:PHHC:038810-DB CWP-6562-2022 -2- Said proceedings have been challenged by petitioners by way of SA-243-2023 which is pending for adjudication before learned DRT on 22.03.2024.

3. Learned counsel for petitioners submits that he has no instructions in this matter.

4. Writ petition is, accordingly, dismissed for non prosecution. Liberty is afforded to petitioners to file appropriate application within four weeks in case, any incorrect fact has been set forth before this Court.

5. Pending miscellaneous application(s), if any, stand disposed of accordingly.

(LISA GILL) JUDGE (AMARJOT BHATTI) JUDGE 18.03.2024 sunil devi Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 25-03-2024 20:31:42 :::